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Appellate
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February 06, 2025
Appellate Group Of The Year: Gibson Dunn
Gibson Dunn & Crutcher LLP notched critical wins as the U.S. Supreme Court rejected an Eighth Amendment challenge to a city's public camping law and gave insurers a voice in mass tort bankruptcies, making it one of the 2024 Law360 Appellate Groups of the Year.
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February 06, 2025
Former US Atty Leigha Simonton To Join Dykema In Dallas
After nearly two decades of government service and over two years as U.S. attorney for the Northern District of Texas, Leigha Simonton is entering private practice with Dykema Gossett PLLC, where she will help launch a Dallas-based white collar defense and investigations practice to serve the Texas region.
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February 06, 2025
Convicted Atty Disbarred In NJ Over LA Utility Billing Scandal
The New Jersey Supreme Court disbarred an attorney this week who orchestrated a sham lawsuit against the city of Los Angeles on behalf of plaintiffs suing the local water utility and who later made $24 million off contracts with the city reached through a number of bribery schemes.
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February 06, 2025
2nd Circ. Clears Up 'Blurry' Trade Dress Standard
The Second Circuit on Thursday revived a dispute between motorcycle helmet designers as it clarified a key legal standard in trade dress infringement cases.
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February 06, 2025
Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told
A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.
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February 05, 2025
Cuomo Faces Skeptical Panel In AG Document Lawsuit
Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.
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February 05, 2025
5th Circ. Tight-Lipped At NLRB Constitutionality Arguments
A Fifth Circuit panel gave little indication of its leanings during arguments Wednesday in a key challenge to the constitutionality of the National Labor Relations Board, as an agency attorney urged the appeals court to find SpaceX and other companies had not shown the harm necessary to block agency proceedings against them.
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February 05, 2025
$12M Medical Fraud Suit Doesn't Need Retrial, 5th Circ. Told
A Fifth Circuit panel seemed disinclined to do away with a retrial for a suspect in a multimillion-dollar healthcare fraud scheme after alleged prosecutorial misconduct sank an earlier trial, saying Wednesday that the trial judge's reasoning carries weight.
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February 05, 2025
Justices Asked If Fact Dispute Bars Patent Eligibility Rulings
The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.
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February 05, 2025
Toyota Urges NC High Court To Reverse 'Abusive' Ruling
Toyota and Subaru Corp. are looking to the North Carolina Supreme Court to pull them out of an "impossible corner" they were pushed into by a trial judge overseeing a wrongful death lawsuit stemming from a fatal car crash, arguing on Wednesday that his orders "incentivize" widespread "tactical abuse of discovery."
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February 05, 2025
'Dog Eat Dog' Contract Raises Connecticut Justice's Hackles
A Connecticut Supreme Court justice on Wednesday challenged private equity firm members fighting a former member's trial court victory in a breach suit over the partnership, suggesting that the winner may have had a viable fiduciary duty claim over the "dog eat dog" operating agreement that apparently allows members to "screw" a minority shareholder.
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February 05, 2025
GOP Sens.' Bill Ups Penalty For Protesting Justices' Homes
Five Republican senators introduced a bill on Wednesday that would increase maximum prison sentences for individuals who illegally protest outside the homes of U.S. Supreme Court justices, from the current one-year limit up to five years.
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February 05, 2025
Realty Co. Petitions High Court Over Copyright Fee Dispute
A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.
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February 05, 2025
Crypto Expert Witness Ruling Flouts Precedent, Justices Told
The founder of cryptocurrency service Tornado Cash has asked the U.S. Supreme Court to undo what he called an "unprecedented" order from a Manhattan federal judge to disclose whom he might call as an expert witness at his upcoming money laundering and sanctions-dodging trial.
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February 05, 2025
'Dreamers' Tell 8th Circ. ND Can't Challenge Health Coverage
Deferred Action for Childhood Arrivals recipients have urged the Eighth Circuit to reverse an order blocking a Biden administration rule expanding their rights to Affordable Care Act health insurance coverage, arguing that a lower court erred in finding that North Dakota has standing to sue in the state.
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February 05, 2025
'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules
The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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February 05, 2025
Penn Hospital Says $200M Judgment Imperils Local Care
The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.
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February 05, 2025
Del. Justices Undo Insurance Cap Ruling In Alexion Suit
Delaware's top court has reversed a Superior Court ruling that upheld Alexion Pharmaceuticals' claim to coverage under a $105 million "tower" of insurance for potential stockholder claims in a suit accusing the company of propping up share prices with misleading information.
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February 05, 2025
Palantir Backs Percipient.ai In 'Interested Party' Dispute
Palantir Technologies Inc. and the National Industries for the Blind are both supporting artificial intelligence company Percipient.ai Inc. in a dispute with the U.S. government over who has standing to challenge unlawful federal procurements.
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February 05, 2025
6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims
An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.
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February 05, 2025
Philly Archdiocese Freed From Abuse Suit In New Jersey
New Jersey's highest court has held the Archdiocese of Philadelphia is not subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, ruling there was no evidence the ex-priest was assigned to take the teen on a trip to New Jersey or that the archdiocese was even aware of the trip.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
2nd Circ. Says Xerox Must Arbitrate Union's Benefits Dispute
The Second Circuit upended on Wednesday an order in favor of Xerox in a union's challenge to the company's decision to terminate health benefits for more than 2,000 retirees, saying the parties can arbitrate the dispute despite the collective bargaining agreement, or CBA, between them having expired.
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February 05, 2025
6th Circ. Judge Unsure Of Jury Instruction In Bribery Case
A Sixth Circuit judge seemed skeptical Wednesday of the bribery and racketeering conspiracy standards a jury used to convict former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges in connection with the FirstEnergy bailout scandal, suggesting that all campaign contributions could be called bribery.
Expert Analysis
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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High Court Unlikely To Expand FSIA In Holocaust Asset Fight
Not surprisingly for a court where the majority are strict textualists, the U.S. Supreme Court justices appear poised to rule in favor of Hungary in Republic of Hungary v. Simon, reaffirming the Foreign Sovereign Immunities Act as a narrow exception to jurisdiction, say attorneys at Lewis Baach.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Patent Ruling Sheds Light On Printed Matter Doctrine
Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.
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Calif. Justices' Options In Insurance Exhaustion Case
Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Considering The Status Of The US Doctrine Of Patent Misuse
A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.